Why in News?
Allahabad High Court while dealing with a matrimonial dispute (Arshad v. State of Uttar) said that arrest should be the last option for the police.
What is Personal Liberty?
According to Merriam Webster “the freedom of the individual to do as he pleases limited only by the authority of politically organized society to regulate his action to secure the public health, safety, or morals or of other recognized social interests”
Is Personal Liberty protected by Law?
Yes, Article 21 of Indian Constitution provides that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
What does Arrest means?
Indian Laws such as CrPC which mainly deals with arrest does not defines ‘Arrest’.
Literal meaning according to Merriam Webster is “the taking or detaining in custody by authority of law”
Legal Provisions of Arrest
Section 41, Section 42, Section 43, Section 44, Section 45, Section 46, Section 47, Section 48, Section 49, Section 107 and 151 of CrPC deals with the various provisions and legal aspects of Arrest.
Article 14, Article 20(2), Article 21, Article 22(2), Article 39(a) of Indian Constitution provides various Rights and relief to a person had been arrested or to be arrested.
Similarly, Sections 41, Sections 42, Section 43, Section 50, Section51, Section52, Section 53, Section 54, Section 55, Section 56, Section 57, Section58, Section 59, Section71, Section75, Section 76, Section 169, Section 170, Section 243, Section 273 Section 303, Section 304, Section 436, Section 437, Section 438 and Schedule I Column 5 of CrPC provides various Rights and Reliefs.
What the Court asserted?
Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative.
The Allahabad High Court said that Irrational arrests are gross violation of Human rights and arrest should be the last option for the police